New York court summons on Modi has no effect: White House

As a head of government Prime Minister Narendra Modi enjoys immunity from cases in American courts, says a senior White House official. Aziz Haniffa/Rediff.com reports from Washington, DC.

A senior White House official on Friday said the summons issued against Prime Minister Narendra Modi by a New York court on the eve of his arrival in the US, for his alleged role in the 2002 communal riots in Gujarat, would have no effect as he enjoys full immunity as a visiting head of State.

The official, when asked about the summons against Modi issued by the US Federal Court for the Southern District of New York on a civil lawsuit filed by the New York-based American Justice Centre, a non-profit human rights organisation, along with two survivors of the post-Godhra violence, said, "We are aware from press reports of the lawsuit filed against Prime Minister Modi yesterday in the Federal District Court of New York."

"While we cannot comment specifically on this lawsuit, I can tell you that as a general legal principle, sitting heads of government enjoy immunity from suits in American courts," the official said.

"Sitting heads of government also enjoy personal inviolability while in the United States," the official added, "which means they cannot be personally handed over or delivered papers or summons to begin the process of a lawsuit."

"In addition, as a matter of treaty, heads of delegations to the United Nations General Assembly, enjoy immunity while in New York to attend the UN events," he added.

The court said Modi has to respond to the summons within 21 days after it is served on him.

Prime Minister Modi will leave for New Delhi on September 30 from Washington, DC after he concludes his five-day US visit, which includes participating in the UN General Assembly sessions, an address to the Indian-American community at Madison Square Garden, a White House summit with President Obama and several other events, which are said to number over 35.

The lawsuit against Modi has been filed under the Alien Tort Claims Act and the Torture Victim Protection Act. Seeking compensatory and punitive damages, the 28-page complaint charges Modi with committing crimes against humanity, extra-judicial killings, torture and inflicting mental and physical trauma on the victims, mostly from the Muslim community.

"The Tort case against Prime Minister Modi is an unequivocal message to human rights abusers everywhere," said John Bradley, director at the AJC. "Time and place and the trappings of power will not be an impediment to justice," he said.

The Alien Tort Claims Act, also known as the Alien Tort Statute, is a US federal law first adopted in 1789 that gives the federal courts jurisdiction to hear lawsuits filed by US residents for acts committed in violation of international law outside the US.

Another official said Modi's fasting would be absolutely no impediment to the programme both at the White House and State Department, and that arrangements had been made accordingly.

"In terms of the fasting, this is something that we have taken on as well with all visitors to the White House," the official said. "We accommodate the interests and needs of any leader who visits the White House and is participating in White House meetings."

"I don't think this presents us, with any special obstacles and I believe everything will go forward as planned," the official added.

"Both we and the Indians have agreed that this should not be a distraction or change any of the things we want to take on during the visit," added another White House official.

"It is simply a practice by the prime minister that we will work to accommodate, but all the events will go forward and we look forward to accepting the full range of business through these events," the official added.